In its May 24,1999, opinion in Davis v. Monroe County Board of Education, the Court held that a school can be liable for monetary damages in cases of student-on-student harassment if all of the following conditions are met:
  • the harassment is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school;
  • the harasser is under the school's disciplinary authority;
  • a school official with authority to address the discrimination has actual knowledge of the sexual harassment; and
  • the school board is deliberately indifferent to the sexual harassment